Schenck v. Ontario; Rokeby v. Ontario

[1987] 2 SCR 289 Court SCC Decision date 1987-10-13 Docket 19166, 19167 English

PartiesHer Majesty The Queen in right of Ontario represented by the Minister of Transportation and Communications for the Province of Ontario Appellant·Louis Schenck and Schenck Farms & Greenhouses Co. Limited Respondents·Her Majesty The Queen in right of Ontario Appellant·Michael C. Rokeby Respondent

Judges Dickson, Robert George Brian; Estey, Willard Zebedee; McIntyre, William Rogers; Wilson, Bertha; Le Dain, Gerald Eric; La Forest, Gérard V.; L'Heureux-Dubé, Claire

Decision 6–1 Majority (6) · Dickson C.J. (1)

On appeal from Ontario

Subjects Action Torts

Contents

Majority

The judgment of the Court was delivered orally by

Dickson C.J.

1. The Chief Justice‑‑It will not be necessary to call upon you Mr. Stewart and Mr. Strathy. We are all in agreement with the conclusions reached by Robins J. at trial and the reasons therefor, all as affirmed by the Court of Appeal of Ontario. The appeal is accordingly dismissed with costs to the respondents as between a solicitor and his client.

Judgment accordingly.

Solicitor for the appellant: The Deputy Attorney General, Toronto.

Solicitors for the respondents Schenck et al.: Duvernet, Stewart, Toronto.

Solicitors for the respondent Rokeby: Wright & McTaggart, Toronto.